Amendment to Section 2.8. Section 2.8 of the Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 2.8. Section 28 of the Rights Agreement is hereby amended (a) by deleting the parenthetical clause which reads “(with, where specifically provided for herein, the concurrence of the Continuing Directors or the Outside Directors)” in each instance such parenthetical clause appears in the second and last sentences thereof in its entirety, (b) by replacing the clause “the Outside Directors or the Company” with “the Company” immediately prior to clause (i) of the last sentence thereof and (c) by deleting the clause “, the Continuing Directors or the Outside Directors” in clause (iii) of the last sentence thereof.
Amendment to Section 2.8. Section 28 of the Rights Agreement is hereby amended in its entirety to read as follows: At any time prior to the Distribution Date, the Board of Directors of the Company may supplement or amend any provision of this Rights Agreement (including, without limitation, the date on which the Distribution Date shall occur, the time during which the Rights may be redeemed pursuant to Section 24, any provision of the Certificate of Designation or the Purchase Price) without the approval of any holder of the Rights or the Rights Agent. From and after the Distribution Date and subject to applicable law, the Company may amend this Rights Agreement without the approval of any holders of Right Certificates or the Rights Agent (i) to cure any ambiguity or to correct or supplement any provision contained herein which may be defective or inconsistent with any other provision of this Rights Agreement or (ii) to make any other provisions in regard to matters or questions arising hereunder which the Company may deem necessary or desirable and which shall not adversely affect the interests of the holders of Right Certificates (other than an Acquiring Person or an Affiliate or Associate of an Acquiring Person).
Amendment to Section 2.8. Section 28 of the Rights Agreement is hereby amended and supplemented by adding the following sentence to the end thereof:
Amendment to Section 2.8. Section 2.8(b)(iii) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 2.8. Section 2.8 of the Credit Agreement is amended and restated in its entirety to read as follows:
Amendment to Section 2.8. Section 2.8 of the Credit Agreement is hereby amended by adding the following new clause (h) thereto:
Amendment to Section 2.8. The third paragraph of Section 28 is hereby deleted in its entirety and replaced with the following: If to Evonik: With a copy to: Evonik Degussa GmbH Evonik Services GmbH Business Line Exclusive Synthesis Legal Services and Amino Acids Xxxxxxxxxxxxxx. 0 Xxxxxxxxxxx Xxxxxxxx 4 60287 Frankfurt 63457 Hanau-Wolfgang Attention: [*] Attention: [*] Facsimile: [*] Facsimile: [*]
Amendment to Section 2.8. Section 2.8(c) of the Credit Agreement is hereby amended by deleting the phrase “Borrower shall be deemed to have selected an Interest Period of one month” set forth therein and inserting in lieu thereof the phrase “Borrower shall be deemed to have selected an Interest Period of three months”
Amendment to Section 2.8. Section 2.8 of the Loan Agreement is hereby amended to delete the term “LIBOR Rate” found therein and replace it with the term “Prime Rate”.
